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  1. #1

    Default Chance of Getting Ticket Dismissed

    My question involves a speeding ticket from the State of: WA

    I would like to get some advice on my speeding ticket. Here is my situation: Last week I was pulled over on an industrial highway on my way to work, the deputy asked me if there was a reason for me going 72 in a 50mph zone, I was completely stunned that I was pulled over and somewhat in shock, I was not speeding and did not really know how to respond because I was so shaken up by the situation of being pulled over, I did not acknowledge that I was speeding, because I was not. He asked me if I was trying to catch up to the traffic ahead of me or something, which I indicated I was not and I was in no hurry that morning . He gave me a ticket for 60+ in a 50, which I was not doing either, he said that I was getting a good deal and on the ticket he indicated actual speed was 71mph. Where he said he got me on radar, was about a mile west of where he pulled me over, which after I left the situation, I remembered that I had between the location he indicated and where he pulled me over, had stopped at a red light, so I am not sure why it took him an additional 1/8 after the light to pull me over, when I looked in my rear view mirror, I saw his lights and I pulled into the left lane thinking that he was trying to get past me, then I realized that he was pulling me over, I then thought I must have a taillight out or something wrong with my car, I did not even think of him pulling me over for speeding, because I wasn’t. I am 42 and have had no tickets since possibly when I was 20 years old, I drive this road daily on my commute to work. I for one thing have a hard time going 70 on the freeway, so cannot imagine myself driving 72 on this stretch of highway.

    My questions are, is there any probability that if I went to court to fight this ticket that I would win? I have no defense besides that fact that I have a perfect driving record and can honestly say I was not speeding? I know that if the officer does not show up, it would potentially be thrown out, but that is a gamble. Due to my record, I could most likely have the ticket deferred, which is an option, but because I strongly feel that I am honestly not guilty, I am having a hard time deciding to do this. Is there any possibility that the deputy mistook me for another car that looked similar that may have turned at the light or something? This has been an extremely stressful situation for me, I feel like I am being wrongfully accused of something, but feel as though I have nothing to prove my case. If I was speeding, I would definitely go with the deferral and feel that I was lucky to have this option. It is bothering me so much, that I have considered getting an attorney, but I know that that would be expensive and with the deferral option, does not make economic sense. I have had people tell me that it most likely would not make my insurance go up, but I do not want to call me insurance and ask this, others have said they would not use a deferral for such a small infraction, but to me that makes no sense, because if I the ticket is not dismissed, I would not be able to defer another ticket, except that the deferral can only be done once in 7 years, but historically that would not be an issue. Could you please give me your opinion on my situation? Also, if I go to court to fight the ticket, can the judge still offer me deferral instead of just putting the ticket on my record?

  2. #2
    Join Date
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    Default Re: Chance of Getting Ticket Dismissed

    Quote Quoting stresseddrvr
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    My questions are, is there any probability that if I went to court to fight this ticket that I would win?
    Some attorneys advertise “success rates” that lead people to think that they have a certain percentage chance of success. Those statistics are misleading. The success of any challenge to a ticket depends on the type of ticket, how well the officer documented the infraction, how the court handled it and what judge is on the bench at the time of the hearing. There is no way to predict your percentage chance of success.

    Nonetheless, I believe you have a chance at fighting ad winning. Tickets are complicated, officers and courts handle thousands of them daily, and they are rarely done perfectly.

    Quote Quoting stresseddrvr
    View Post
    I have no defense besides that fact that I have a perfect driving record and can honestly say I was not speeding?
    The only way to keep the ticket off your record is to challenge it through a contested hearing (checking box #3 on the back of the ticket). Other options, like paying the ticket or having a mitigation hearing, will cause the ticket to go on your record and will probably result in increased insurance rates.

    Just because you were issued a citation doesn’t mean the state can prove their case. For example, a ticket has to be filed within 5 days (excluding weekends) of when it was written. If the police don’t turn the ticket in on time but you just pay it, you have relieved the state of their burden of proof and have paid a ticket that should have been dismissed. The only way to protect your rights and make sure the state has followed the rules is to challenge the ticket, even if you think you are guilty.

    Quote Quoting stresseddrvr
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    I know that if the officer does not show up, it would potentially be thrown out, but that is a gamble.
    This is a common misconception. In the State of Washington, court rules enable the officer to write a statement and have it admitted into evidence so that s/he does not need to show up and testify. If the officer doesn’t write a statement, then the ticket can be used as evidence.

    Quote Quoting stresseddrvr
    View Post
    Due to my record, I could most likely have the ticket deferred, which is an option, but because I strongly feel that I am honestly not guilty, I am having a hard time deciding to do this. Is there any possibility that the deputy mistook me for another car that looked similar that may have turned at the light or something?
    In the words of a judge: "It's possible. But probable? No."

    Quote Quoting stresseddrvr
    View Post
    This has been an extremely stressful situation for me, I feel like I am being wrongfully accused of something, but feel as though I have nothing to prove my case. If I was speeding, I would definitely go with the deferral and feel that I was lucky to have this option. It is bothering me so much, that I have considered getting an attorney, but I know that that would be expensive and with the deferral option, does not make economic sense. I have had people tell me that it most likely would not make my insurance go up, but I do not want to call me insurance and ask this, others have said they would not use a deferral for such a small infraction, but to me that makes no sense, because if I the ticket is not dismissed, I would not be able to defer another ticket, except that the deferral can only be done once in 7 years, but historically that would not be an issue. Could you please give me your opinion on my situation?
    We recommend to defer a ticket only as a last resort and never for your first ticket. Tickets tend to come in bunches and people often defer a ticket thinking, “I have not had a ticket in years, I won’t get another one.” Then they get another one right away and, not only have they used their deferral, if they contest the second ticket and lose, they end up with 2 tickets on their record.

    This is what I advise: Read this thread made by the traffic guru himself, Barry, file for discovery and come back with any questions.

    Quote Quoting stresseddrvr
    View Post
    Also, if I go to court to fight the ticket, can the judge still offer me deferral instead of just putting the ticket on my record?
    Yes. But that is beside the point. Use a deferral as a last option.

    Brendan

  3. #3

    Default Re: Chance of Getting Ticket Dismissed

    Brendan,
    I am a little confused on not using the deferral, I would not be eligible to defer a ticket for three years would I, if the ticket does go on my record?

    Also, does the first ticket usually impact insurance rates if you have not had a ticket in 20 years? I think this is possibly my big concern.

    Thanks for your help/advise,
    Stresseddrvr

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